[R.O. 2011 § 400.1370; R.O. 2009
§ 156.610; Ord. No. 02-172, 7-10-2002; Ord. No. 10-142 § 1, 7-8-2010]
These sign regulations are designed
to encourage the effective and efficient use of signs as a communications
tool; to create a cityscape that is free of overly distracting visual
clutter and nuisance signage; and to enhance traffic safety and protect
the public health, safety and welfare by regulating the location,
type, size, height, number, design, construction, installation, maintenance
and removal of signs within the City of St. Charles.
[R.O. 2011 § 400.1380; R.O. 2009
§ 156.620; Ord. No. 02-172, 7-10-2002; Ord. No. 02-276, 11-22-2002; Ord. No. 10-142 § 2, 7-8-2010]
A. The following types of signs are exempted
from all the provisions of this Article, unless otherwise noted in
this Section:
1.
Public Signs. Signs erected by, or
on the order of, a public officer in the performance of his/her public
duty, such as safety signs, danger signs and traffic signs.
2.
Historical Markers. Historical markers
as recognized by local, State or Federal authorities.
3.
Signs located within any officially
recognized historic district, including, but not limited to, the Historic
Downtown District, the South Main Preservation District and the Frenchtown
Historic District. Signs within these districts shall only be subject
to the sign regulations set forth in Divisions 1 "General Sign Regulations";
6, 7 and 8 of this Article.
4.
Institutional, including church,
non-commercial school and civic organization signs. Requirements are
as follows:
a.
If such signs are part of a group
sign structure, they shall only be located within one-fourth (1/4)
mile of the City limits and require approval of the City Council;
b.
No sign permit is required except
as noted above.
5.
Signs for temporary public interest
events such as neighborhood garage sales, fund raisers, church fairs,
carnivals, festivals, concerts, parades or similar events, provided
such signs: are not placed more than thirty (30) days prior to the
event; are removed within five (5) days following the event; and are
not located to interfere with traffic safety or in rights-of-way without
the approval of the Public Works Department.
[R.O. 2011 § 400.1390; R.O. 2009
§ 156.630; Ord. No. 02-172, 7-10-2002; Ord. No. 08-191, 9-17-2008; Ord. No. 10-142 § 3, 7-8-2010]
When used in this Article, the following
terms have the following meanings unless the context clearly indicates
or requires a different meaning.
ADVERTISING SIGN
A sign which includes advertising copy or graphics relating
to any service, product, person, business, place, activity or organization
in addition to simple identification.
AREA OF SIGN
The area of the largest single face of the sign within a
perimeter which forms the outside shape, including any frame, forming
an integral part of the display, but excluding the necessary supports
or uprights on which the sign may be placed. If the sign consists
of more than one (1) section or module, all areas will be totaled.
BILLBOARD
Shall have the meaning set out in "outdoor advertising."
COMPLEXES/CENTERS
Any number of businesses greater than one which share the
same site using common points of ingress and egress and common parking
facilities.
DOUBLE-FACED SIGN
A sign with two (2) surfaces placed back-to-back or V-shaped
with the common angle not greater than ninety degrees (90°).
ELECTRONIC BILLBOARD
Any structure or portion thereof upon which alphanumeric
characters, graphics or symbols defined by a small number of matrix
elements using different combinations of light emitting diodes (LEDs),
fiber optics, light bulbs or other illumination devices within the
display area, including computer programmable, microprocessor controlled
electronic displays and projected images or messages with these characteristics
are utilized to advertise a person, thing, product or service not
located or sold on the lot upon which the electronic billboard is
placed.
EXPLICIT SEXUAL ACTS
Depictions or descriptions, whether being performed alone
or between members of the same or opposite sex or between humans and
animals, of:
1.
Sexual intercourse, oral copulation,
anal intercourse, oral-anal contact, bestiality, direct physical stimulation
of genitals, flagellation or torture in the context of a sexual relationship
or any of the following depicted sexually oriented acts or conduct:
anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty, zoophilia; or
2.
Human genitals in a state of sexual
stimulation, arousal or tumescence; or
3.
The use of human or animal masturbation,
sodomy, oral copulation, coitus, ejaculation; or
4.
Fondling or touching of human genitals,
pubic regions, buttock or female breast; or
5.
Masochism, erotic or sexually oriented
torture, beating or the infliction of pain; or
6.
Erotic or lewd touching, fondling
or other contact with an animal by a human being; or
7.
Human excretion, urination, menstruation,
vaginal or anal irrigation; or
8.
Other acts of sexual arousal involving
any physical contact with a person's genitals, pubic hair, perineum,
anus or anal region.
FASCIA SIGN
A sign which is permanently affixed to the horizontal piece
covering the joint between the top of a wall and the projecting eaves
of the roof.
FLAG-MOUNTED SIGN
A sign which projects from the roof or wall of a building
perpendicular to a wall surface.
FREESTANDING SIGN
A sign which is erected or mounted on its own self-supporting
permanent structure or base detached from any supporting elements
of building.
HLPARB
The Historic Landmarks Preservation and Architectural Review
Board of the City of Saint Charles, Missouri.
IDENTIFICATION SIGN
A sign that includes as copy only the name of the business,
place, organization, building or person it identifies.
ILLUMINATED SIGN
A sign whose surface is lit, internally or externally, and
which identifies, advertises or attracts attention to a use or activity
on the premises.
ITEM OF INFORMATION
A word, initial or series of initials, logo, abbreviation,
number, telephone number, street address, business name, symbol, graphic
or geometric shape contained within a sign.
MULTI-TENANT SIGN
A sign that includes as copy only the names of two (2) or
more businesses, places, organizations, buildings or persons it identifies.
NUDITY or STATE OF NUDITY
Material which depicts one (1) of the following:
1.
The showing of the human male or
female genitals, pubic area, vulva, anus, anal cleft or anal cleavage
with less than a fully opaque covering;
2.
The showing of the female breast
with less than a fully opaque covering of any part of the nipple;
3.
The showing of the covered male genitals
in a discernibly turgid state;
4.
A mother in the act of nursing her
baby shall not be included within this definition, nor shall any child
under the age of seven (7).
OBSCENE
Material which depicts or describes sexual conduct that is
objectionable or offensive to accepted standards of decency which
the average person, applying contemporary community standards, would
find, taken as a whole, appeals to prurient interests or material
which depicts or describes, in a patently offensive way, sexual conduct
specifically defined by applicable State laws and, taken as a whole,
lacks serious literary, artistic, political or scientific value.
OFF-PREMISES/OFF-SITE SIGN
A sign which directs attention to a business, product, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed. "Off-premises/off-site
sign" shall include an outdoor advertising sign (billboard) on which
space is leased, rented or donated by the owner thereof to others
for the purpose of conveying a commercial or non-commercial message.
ON-PREMISES/ON-SITE SIGN
A sign which directs attention to a business, product, commodity,
service, entertainment or attraction sold, offered or existing upon
the same lot where such sign is displayed.
OUTDOOR ADVERTISING
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary systems
PERSON
Any person or persons or entity, including, but not limited
to, a corporation, limited liability corporation, partnership, unincorporated
association or joint venture.
PICTORIAL MATERIAL
Any material suggesting or conveying a visual image and includes,
but is not limited to, a photograph, painting or drawing. Any pictorial
matter is "obscene" if all of the following apply:
1.
The average person, applying contemporary
community standards, would find that it appeals to prurient interests
when the publication or material is considered as a whole; and
2.
It depicts, describes or represents
in a patently offensive manner sexual behavior as defined in this
Section; and
3.
It lacks serious literary, artistic,
political or scientific value when the publication or material is
considered as a whole.
PUBLIC PLACE
Any location not enclosed and within view of the public or
any location frequented by the public or where the public is present
or likely to be present. Public places include, but are not limited
to, streets, roadways, alleys, sidewalks, parks, beaches, yards, parking
lots, boats, barges, business and commercial establishments (whether
for profit or not-for-profit and whether open to the public at large
or where entrance is limited by a cover charge or membership requirement),
bottle clubs, hotels, motels, restaurants, nightclubs, country clubs,
cabarets and meeting facilities utilized by any religious, social,
fraternal or similar organizations.
ROOF-MOUNTED SIGN
A sign which projects above the highest point of the roof
line, parapet or fascia of a building.
SEXUAL BEHAVIOR
The patently offensive representation depiction or description
of any of the following:
1.
Ultimate sexual acts, actual or simulated,
including vaginal intercourse between a male and a female and anal
intercourse, fellatio and cunnilingus between persons regardless of
gender; or
2.
Masturbation, excretory functions
and lewd exhibition of the genitals; or
3.
The actual or simulated infliction
of pain by one individual upon another or by an individual upon himself
or herself for the purpose of sexual gratification or release of either
individual, as a result of flagellation, beating, striking or touching
of an erogenous zone, including, without limitation, the thigh, genitals,
buttock, pubic region or, if such person is a female, a breast.
SIGN
Any device providing identification, advertising or directional
information for a specific business, service, product, person, organization,
place or building for commercial purposes. "Sign" includes graphic
devices such as logos and attention-attracting objects such as logo
sculpture and obtrusive colored fascia or architectural elements,
banners, balloons, streamers, strobe lights, flags, inflatable structures,
projected picture signs, holographic projection signs and other attention-attracting
media and devices.
SIGN PACKAGE
A detailed description, including, but not limited to, type,
size, color and location of all signage.
SOFFIT SIGN
A sign which is suspended from the underside of a lintel,
arch or other overhead spanning member and is hung perpendicular to
a vertical wall surface.
WALL-MOUNTED SIGN
A sign which is permanently affixed to any vertical portion
of a building for which the sign is intended to identify or advertise.
[R.O. 2011 § 400.1400; R.O. 2009
§ 156.640; Ord. No. 02-172, 7-10-2002]
A. Sign height measurements are as follows:
1.
Freestanding Sign. Height shall be
the distance from the top of the sign structure to the top of curb
or crown of roadway where no curb exists. The height of any monument
base or other structure erected to support or ornament the sign shall
be measured as part of the sign height; and
2.
Wall- Or Fascia-Mounted Signs. Height
shall be the distance from the top of the sign structure to the top
of curb or crown of road where no curb exists.
[R.O. 2011 § 400.1410; R.O. 2009
§ 156.650; Ord. No. 02-172, 7-10-2002; Ord. No. 11-252 § 1, 12-21-2011]
A. Sign area measurements are as follows:
1.
Sign area will include the areas
of all permitted signs. The only exceptions are directional signs
assisting in the flow of traffic, street addresses or signs necessary
for safety (e.g., stop engine, no smoking) that do not exceed two
(2) square feet in area;
2.
A sign having more than one (1) component,
e.g., a service station identification/price sign combination on a
monument base, mounted on the same surface, the sign area will be
the area of the smallest rectangle that encompasses the several components
of the sign;
3.
Sign copy mounted or painted on a
background panel or area distinctively painted, textured or constructed
as a background for the sign copy, shall be measured as the area contained
within the outside dimensions of the background panel or surface;
4.
Sign copy mounted as individual letters
against a wall or fascia of a building or other structure that has
not been painted, textured or otherwise altered to provide a distinctive
background for the sign copy, shall be measured as the area enclosed
by the smallest single rectangle that will enclose all sign copy.
Graphics or logos accompanying letters shall be measured separately
and measured as the area enclosed by the smallest single rectangle
that will enclose all sign graphics or logos;
5.
Sign copy mounted or painted on an
illuminated surface or illuminated architectural element of a building,
shall be measured as the entire illuminated surface or illuminated
architectural element which contains sign copy; and
6.
Where there are a number of sign
faces:
a.
One Face. Area of the single face
only;
b.
Two Faces. If the interior angle
between the two (2) faces is forty-five degrees (45°) or less,
the area will be the area of one (1) face only; if the angle between
the two (2) sign faces is greater than forty-five degrees (45°),
the sign area will be the sum of the areas of the two (2) faces;
c.
Three Or More Sides. The sign area
will be the sum of the areas of each of the faces; and
d.
Spherical, Free-Form, Sculptural,
Other Non-Planar Signs. Sign area will be the sum of the areas using
only the four (4) vertical sides of the smallest cube that will encompass
the sign.
[R.O. 2011 § 400.1420; R.O. 2009
§ 156.660; Ord. No. 02-172, 7-10-2002; Ord. No. 02-276, 11-22-2002]
A. Signs may be illuminated as provided by
this Article and specified by approved sign criteria, if applicable,
in accordance with the following regulations:
1.
Externally illuminated, building-mounted
signage may be illuminated by either ground-mounted lights or building-mounted
light bars. In either situation, the light source shall be totally
screened from view;
2.
Externally illuminated, freestanding
signage shall be illuminated by ground-mounted lights with the light
source being totally screened from view;
3.
Internally illuminated, freestanding
and building-mounted signage shall be lighted by light sources totally
screened from view;
4.
Flashing or intermittent forms of
illumination are prohibited; and
5.
All illuminated signs shall require
a sign permit and shall comply with all provisions of the electrical
code.
[R.O. 2011 § 400.1430; R.O. 2009
§ 156.670; Ord. No. 02-172, 7-10-2002; Ord. No. 02-276, 11-22-2002]
A. Any signage that has been approved or that
has been issued a permit shall be maintained by the owner or person
in possession of the property on which the sign is located. Maintenance
shall be such that the signage continues to conform to the conditions
imposed by the sign permit and that the sign shall substantially conform
to its original condition without cracking, peeling or fading.
B. Any damaged sign or sign base shall be
repaired within sixty (60) days.
C. Any metal portions of any sign shall be
kept free of rust and rust stains.
D. Any internally illuminated sign cabinets
or sign panels which have been damaged shall remain unilluminated
until repaired.
E. Any signage which has been damaged to such
extent that it may pose a hazard to passersby shall be repaired or
removed immediately.
F. Legal non-conforming signage which has
been damaged to the extent of more than fifty percent (50%) of its
reproduction value shall be removed or altered so as to conform to
the provisions of this Article.
G. Failure to comply with these sign maintenance
requirements shall constitute a violation of this Article.